Committee considers expedited VOSHA rulemaking, agrees to draft changes for technical corrections bill

The Senate Economic Development, Housing & General Affairs Committee on March 6 discussed draft request 250912, the Vermont Department of Labor Technical Corrections draft, focusing on proposed expedited rulemaking for Vermont Occupational Safety and Health (VOSHA), notice requirements for layoffs, and the handling of willful unpaid wages.

Committee members debated language that would allow VOSHA to adopt federal OSHA standards by an expedited procedure rather than the full formal rulemaking process used now. Damien Leonard of the Office of Legislative Council told the committee expedited adoption is “not unprecedented,” describing analogous exceptions for multi‑jurisdictional lottery rules and emergency rulemaking when federal or multistate timelines require a faster adoption. Leonard said the proposed process would resemble a 30–45 day notice period with a 30‑day comment window and a “safety valve” allowing any disputed rule to be pushed into the full rulemaking process, which takes roughly six to eight months.

The committee’s chair and members weighed the tradeoffs: faster adoption and staff efficiencies for the Department of Labor versus reduced opportunities for more detailed notice, public comment and Legislative Committee on Administrative Rules (LCAR) review. Leonard reported that VOSHA submitted three rule packages in the last three years and that most VOSHA rules historically have adopted federal standards verbatim.

Members asked staff to add clarifying language specifying that the expedited procedure apply only when VOSHA is adopting a corresponding federal standard verbatim and that any standard that is more protective than the federal text must proceed through the regular formal rulemaking process. Committee members also requested language to require filing adopted rules with the Secretary of State so they are placed in the Vermont Code of Rules.

Committee members discussed other parts of draft 250912. On notice of layoffs, the Department of Labor — according to the commissioner’s reply cited in committee — supports lowering the employee threshold from 25 to 20 to align with other small‑business thresholds the committee has considered. On unpaid wages, members raised concern that the draft uses “may” when describing an additional penalty for willful withholding; members asked the commissioner whether the penalty should be mandatory ("shall").

The committee agreed to have Sophie (committee staff) and Damien (Office of Legislative Council) coordinate amended language that: (1) limits the expedited rule procedure to adoption of verbatim federal standards, (2) requires filing of final rules with the Secretary of State, and (3) includes an option to sunset the expedited procedure (members discussed a three‑year review). Committee members said they expect to return to the bill later in the week and aim to vote it out after staff circulate the revised draft.

Members stressed oversight and transparency. Several senators asked that the draft be posted and that the committee allow time for public review before final action.

The committee did not take a formal vote on draft 250912 during this meeting. Staff were directed to prepare a revised draft for the committee’s next meeting so members may vote on a revised Draft 1.4.